AI Overview...
- Defence Struck Off in Domestic Violence Cases - Main points and insights:
- The defence of the respondent can be struck off primarily for non-compliance with interim maintenance or disobedience of court orders, especially when amounts are not paid as directed (01500052020). The court emphasizes procedural compliance and the importance of participating in proceedings; failure to do so leads to the defence being struck off (IND_HC_HCBM040136442020, Neethu VS Trijo Joseph - Kerala).
- Under the Protection of Women from Domestic Violence Act, if the respondent fails to challenge the order or participate further, the court may proceed to strike off the defence, as seen in multiple judgments (IND_HC_HCBM040123722020, Neethu VS Trijo Joseph - Kerala, IND_HC_HCBM040136442020).
- The court generally considers striking off the defence as a last resort, especially when the respondent defaults on interim maintenance or disobeys court orders, and such actions can lead to the court proceeding ex parte (INDHP00000009944).
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There are instances where the court has refused to strike off defence, particularly when the respondent pays interim maintenance or disputes the allegations, emphasizing the need for proper procedural compliance (INDKER00000051326, INDMAD00000369482).
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Analysis and Conclusion:
- Striking off the defence in domestic violence cases under the DV Act is a procedural measure used when respondents default on interim maintenance or disobey court orders, especially when they fail to participate in proceedings.
- The courts underscore the importance of procedural compliance and participation; non-challenge or default often results in the defence being struck off, enabling the court to proceed ex parte.
- However, courts also recognize the need for fairness and may refuse to strike off defence if there is evidence of payment or dispute regarding allegations, indicating that striking off is not automatic but contingent on specific procedural and substantive factors.
- Overall, the power to strike off defence aims to ensure effective adjudication in domestic violence cases, but it must be exercised judiciously, respecting the respondent's right to a fair hearing.
References: - Neethu VS Trijo Joseph - Kerala - IND_HC_HCBM040123722020 - INDBOM00000126608 - IND_HC_HCBM040136442020 - INDKER00000051326 - INDMAD00000369482 - INDMAD00000431507 - INDMAD00000502415 - INDHP00000009944
Search Results for "Defence Struck Off in Domestic Violence"
2022 0 Supreme(Ker) 355 • India - Kerala
KAUSER EDAPPAGATH
violence- Power to strike off defence - Pendente lite maintenance/ Interim maintenance - What is nature of proceedings under Act ... If amounts as mentioned above are not paid, the defence of the respondent shall stand struck off and the trial court shall proceed ... Thus, court below ought to have allowed prayer for striking off defence. ... The statement of objects and reasons of the DV Act record that the civil law does not address the phenomenon ....
• India - Bombay High Court
ROHIT B. DEO, J
maintenance order invoked and struck off appellant’s defense; therefore, assertions lacking merit about unawareness of previous ... (Paras 5, 11, 20) ... ... (B) Domestic Violence - Willful disobedience of interim ... The defence was struck off. Concededly, Mr. Shrikrushna neither challenged the order of striking off the defence nor did he participate any further in the proceeding. Mr. ... (2) Non-applicants are....
2025 Supreme(Online)(Bom) 5881 • India - Bombay High Court
Rohit B. Deo, J
The defence was struck off. Concededly, Mr. Shrikrushna neither challenged the order of striking off the defence nor did he participate any further in the proceeding. Mr. ... (2) Non-applicants are restrained from committing any type of Domestic Violence against the applicant as per Section 18 of Protection of Women from Domestic Violence, 2005. ... (5) Non-applicants shall pay compensation of Rs.1,00,000/- to the applicant under ....
• India - Bombay High Court
Rohit B. Deo, J
Procedural Compliance - Importance of participating in proceedings - Disobedience of interim maintenance order leads to the striking off ... The defence was struck off. Concededly, Mr. Shrikrushna neither challenged the order of striking off the defence nor did he participate any further in the proceeding. Mr. ... (2) Non-applicants are restrained from committing any type of Domestic Violence against the applicant as per Section 18 of Protection of ....
2023 Supreme(Online)(KER) 21906 • India - High Court of Kerala
GOPINATH P, J
Domestic Violence - Protection of Women from Domestic Violence Act - Sections 12, 23 - The court interpreted the provisions regarding ... Issues: The main issue was whether the respondent's defense could be struck off for non-payment of interim maintenance despite ... Fact of the Case: The case involves a petitioner challenging a magistrate's order denying striking off the defense ... respondent had paid Rs.3,75,000/- and has pleaded that he does not have sufficien....
2025 Supreme(Online)(Mad) 42054 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
(A) Article 227 of the Constitution of India - Revision filed against Domestic Violence Act complaint - Allegation of dowry harassment ... (Para 4) ... ... Facts of the case: ... The petitioner family contests a Domestic Violence allegation made by the ... (Para 4) ... ... Ratio Decidendi: The court ruled that complaints under the Domestic Violence Act must be heard ... Therefore, I do not see any case made out to strike off the names of the revision petitioners ....
2022 0 Supreme(Del) 387 • India - Delhi
VIPIN SANGHI
The respondent had also filed a proceeding under the Protection of Woman against Domestic Violence Act. ... Protection of Woman against Domestic Violence Act, 2005 - Section 12 - The respondent initiated a proceeding under Section 12 of ... The Family Court struck off the appellant's defense due to non-compliance. ... Prima facie, the allegation of domestic violence had been proved and learned MM granted interim relief to the respon....
2025 Supreme(Online)(Mad) 66834 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
... ... Result: CRP.No.1028/2025 is partly allowed and domestic violence complaint regarding the second petitioner struck off; CRP.No ... (A) Constitution of India - Article 227 - Domestic Violence Act - Complaint challenging by husband and family members regarding domestic ... ... ... Issues: Whether the domestic violence complaint can stand given the vague nature of allegations against certain petitioners ... According to the p....
2025 Supreme(Online)(Mad) 55782 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
... ... Result: The revision petition was allowed and the Domestic Violence Complaint was struck off. ... violence claims - The Court emphasized the necessity of establishing a lawful marriage as a prerequisite for domestic violence claims ... ... ... Issues: Whether the respondent can claim domestic violence despite disputed marriage. ... The learned counsel for the petitioner would therefore pray for revision being allowed and ....
2024 Supreme(Online)(HP) 753 • India - High Court of Himachal Pradesh
RAKESH KAINTHLA, J.
Maintenance - Domestic Violence Act - Sections 20, 28-A - The court held that an order to strike off the defence of the respondent ... Ratio Decidendi: An order to strike off the defence of the respondent should be passed as a last resort if the default is ... Finding of the Court: The High Court held that the trial court erred in striking off the defence of the husband without ... When the order of attachment of salary was passed, the d....
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